Schwait said the issue was complicated because an inquiring lawyer received a Bar staff ethics opinion about LawButler that the proposed arrangement did not constitute prohibited fee splitting
because the company planned to collect information from clients,
The supreme court determined that section 22(A)(14) prohibits not only traditional fee splitting
, which the court described as "a dividing of a professional fee for a specialist's medical services with the recommending physician," (14) but also the sharing of a percentage of the physician's fees for medical services performed by the physician.
Eliminating the Medicare provision that allows fee splitting
for post-operative care would lessen abuse but true reform also would require an infusion of ethics, something that can't be taught or purchased.
At a meeting in Tampa on October 17, 1997, the board made its most recent statement on the issue of fee splitting
related to medical practice management.
Specifically, Radiation Therapy failed to disclose the that: (i) the IPO was purely a liquidity event for management/owners -- not a source of growth capital for the Company because 100% of the IPO proceeds went into the hands of Radiation Therapy's primary shareholders; (ii) the numerous related party transactions by Radiation Therapy increased the risk of its business model running afoul of State and Federal laws governing corporate practice of medicine, fee splitting
and physician-referrals; and (iii) organic revenue growth had slowed dramatically and could be further disrupted in January due to changes in the way medical oncologists run their businesses.
The DJA includes: fraud, misrepresentation, corporate practice of medicine, unjust enrichment, practicing psychology without a license and illegal fee splitting
And lawyers should be able to use paralegals to represent clients in Social Security hearings as long as they are careful not to violate Bar rules on supervising nonlawyer employees and prohibiting fee splitting
with nonlawyers, the panel determined.
According to the complaint, the Company failed to disclose and misrepresented the following material adverse facts which were known to defendants or recklessly disregarded by them: (1) that the Company's IPO was purely a liquidity event for management/owners - not a source of growth capital for the Company because 100% of the IPO proceeds went into the hands of the Company's primary shareholders; (2) that the numerous related party transactions by the Company increased the risk of its business model running afoul of State and Federal laws governing corporate practice of medicine, fee splitting
and physician-referrals; and (3) that organic revenue growth had slowed dramatically and could be further disrupted in January due to changes in the way medical oncologists run their businesses.
was involved in illegal self-referral, fee splitting
and kick-backs with the medical professionals at the facility and that the clinic billed for services not rendered.
In the suit, Allstate alleges the medical providers engaged in numerous wrongful acts including the unlicensed practice of medicine, illegal self-referrals and fee splitting
, charging for higher-level office visits than what actually occurred, and false statements related to the delivery of chiropractic and other health care.
Another change would specify that a fee splitting
arrangement between lawyers not in the same firm would not have to be filed with the Bar unless it was rejected by the judge who reviews it.
Money Transfer Operations - Facilitates a variety of money transfer procedures with new features such as the ability to split cash flow between entities and to net up-front fee payments from the loan drawdown - Secondary Trading Functions - Improves accuracy and efficiency in functions such as short selling support, assignment recordation fee splitting
and interest settlement, among others - Global Capabilities - Expands functionality for new European and Australian lending types, with multiple enhancements to Bills of Exchange - Documentation - Enhances documentation functionality by combining local-access document tracking and storage
A company that wants to provide answers to simple legal questions over the phone in conjunction with a local bar lawyer referral service could find itself violating Florida Bar rules on lawyer referral services and fee splitting
, according to the Professional Ethics Committee.
The current debate about multidiciplinary practices -- now prohibited to the extent they involve fee splitting
and nonlawyer partnerships -- is a good illustration of one of the significant challenges lawyers have in dealing with the dramatic changes facing the profession, said Tallahassee's Barnett.
Hume said MDPs would affect a lawyer's undivided loyalty to a client, allow prohibited fee splitting
and compromise other values.